105456 Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have made a 

preliminary determination that this 

action is one of a category of actions that 

do not individually or cumulatively 

have a significant effect on the human 

environment. This rule involves 

increasing the size of an existing 

security zone along the Miami Main 

Channel. Such actions are categorically 

excluded from further review under 

paragraph L60(a) of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 1. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine Safety, Navigation 

(water), Reporting and Record keeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amending 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. In § 165.760, revise paragraph (b)(2) 

to read as follows: 

§ 165.760 Security Zones; Port of Palm 

Beach, Port Everglades, and Port of Miami, 

Florida. 

* * * * * 

(b) * * * 

(2) Fixed security zone in Port of 

Miami, Florida. A fixed security zone 

encompassing all navigable waters 

within the Miami Main Channel 

between Star Island to just west of the 

Biscayne Bay Pilots Station. The 

security zone is formed by an imaginary 

line starting at the northwest corner in 

position 25°46.33′ N, 080°09.16′ W; 

thence in an easterly direction to the 

northeast corner in position 25°46.17′ N, 

080°08.77′ W; thence in a southerly 

direction to the southeast corner in 

position 25°46.04′ N, 080°08.75′ W; 

thence in a northwesterly direction to 

the southwest corner in position 

25°46.23′ N, 080°09.16′ W, thence in a 

northerly direction back to the 

northwest corner. 

(i) When the security zone is in effect, 

persons and vessels shall not enter or 

transit the security zone along the 

Miami Main Channel unless authorized 

by Captain of the Port of Miami or a 

designated representative. 

(ii) Persons and vessels may transit 

the Miami Main Channel when only one 

passenger vessel is berthed in the 

channel, one vessel carrying cargoes of 

hazard is berthed in the channel, or one 

vessel carrying LHG is berthed in the 

channel. 

(iii) Law enforcement vessels can be 

contacted on VHF Marine Band Radio, 

Channel 16 (156.8 MHz). 

* * * * * 

C.R. Cederholm, 

Captain, U.S. Coast Guard, Captain of the 

Port Miami. 

[FR Doc. 2024–30598 Filed 12–26–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2024–0372; FRL–12293– 

02–R10] 

Air Plan Approval; WA; Excess 

Emissions, Startup, Shutdown, and 

Malfunction Revisions, Energy Facility 

Site Evaluation Council 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving Washington 

State Implementation Plan (SIP) 

revisions to the Energy Facility Site 

Evaluation Council (EFSEC) air quality 

regulations submitted by the State of 

Washington, through the Department of 

Ecology (Ecology) on June 15, 2023. The 

revisions were submitted in response to 

the EPA’s June 12, 2015 ‘‘SIP call’’ in 

which the EPA found substantially 

inadequate a Washington SIP provision 

providing affirmative defenses that 

operate to limit the jurisdiction of the 

Federal court in an enforcement action 

related to excess emissions during 

startup, shutdown, and malfunction 

(SSM) events. The EPA’s approval of the 

SIP revisions includes removal of the 

substantially inadequate provision 

which corrects the EFSEC deficiency 

identified in the 2015 SSM SIP call and 

the EPA’s January 2022 finding of 

failure to submit. Washington withdrew 

some portions of the revisions 

submitted that were not identified in the 

2015 SSM SIP call and therefore the 

EPA is not approving those withdrawn 

portions. 

DATES: This final rule is effective 

January 27, 2025. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2024–0372. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information or other information the 

disclosure of which is restricted by 

statute. Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available at https://

www.regulations.gov, or please contact 

the person listed in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Randall Ruddick, EPA Region 10, 1200 

Sixth Avenue (Suite 155), Seattle, WA 

98101, (206) 553–1999; or email 

ruddick.randall@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ or ‘‘our,’’ is used, it refers to the 

EPA. 

Table of Contents 

I. Background 

II. Public Comment and the EPA’s Response 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

On October 22, 2024 (89 FR 84322), 

the EPA proposed to approve State 

Implementation Plan (SIP) revisions to 


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Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 105457 

1 80 FR 33839, June 12, 2015. 

2Findings of Failure To Submit State 

Implementation Plan Revisions in Response to the 

2015 Findings of Substantial Inadequacy and SIP 

Calls To Amend Provisions Applying To Excess 

Emissions During Periods of Startup, Shutdown, 

and Malfunction, 87 FR 1680 (January 12, 2022), 

available at https://www.regulations.gov, Docket ID 

No. EPA–HQ–OAR–2021–0863. 

3See 201_state submittal supplement_EFSEC 

Partial Withdrawal Request Letter—Ecology.pdf and 

202_state submittal supplement_EFSEC Partial 

Withdrawal Request Letter—EFSEC.pdf included in 

the docket for this action. 4 62 FR 27968 (May 22, 1997). 

the Energy Facility Site Evaluation 

Council (EFSEC) air quality regulations 

submitted by the State of Washington, 

through the Department of Ecology 

(Ecology) on June 15, 2023. In that 

proposal, we also proposed to determine 

that one of the SIP revisions, the 

removal of EFSEC’s adoption by 

reference of WAC 173–400–107, corrects 

the deficiency with respect to EFSEC 

that we identified in our June 12, 2015 

action entitled ‘‘State Implementation 

Plans: Response to Petition for 

Rulemaking; Restatement and Update of 

EPA’s SSM Policy Applicable to SIPs; 

Findings of Substantial Inadequacy; and 

SIP Calls to Amend Provisions Applying 

to Excess Emissions During Periods of 

Startup, Shutdown, and Malfunction’’ 1

(‘‘2015 SSM SIP call’’) and our January 

12, 2022, Findings of Failure to Submit 2

(FFS). The remaining SIP revisions 

submitted with the removal of EFSEC’s 

adoption by reference of WAC 173–400– 

107 on June 15, 2023, were not specified 

in the 2015 SSM SIP call. The reasons 

for our proposed approval and 

determination can be found in the 

proposed action and will not be fully 

restated here. The public comment 

period closed on November 21, 2024. 

We received one comment outside the 

scope of our proposed action; therefore, 

we are finalizing our action as proposed. 

II. Public Comment and the EPA’s 

Response 

Comment: The commenter appears to 

support the EPA finalizing approval of 

revisions to EFSEC’s regulations but 

voiced concern about the amount of 

time it took to get to this approval from 

issuance of the 2015 SSM SIP call. The 

commenter also raised concerns about 

implementation ‘‘of the statute’’ and the 

allowance of ‘‘significant pollutant 

emissions despite the good-faith 

intentions of both Federal and state 

agencies.’’ The commenter went on to 

suggest ‘‘New rules surrounding 

revision timelines could help effectively 

allocate agency efforts in the exercise of 

its authority while retaining the 

necessary period for due process and 

public participation. 

Response: The EPA acknowledges the 

commenter’s concerns. However, the 

concerns raised by the commenter are 

outside the scope of this action. 

Moreover, the commenter does not 

indicate that the EPA’s proposed 

approval action of the SIP submission 

should be changed or should not be 

finalized as proposed. Rather, the 

comment appears to support finalizing 

the proposed approval. Therefore, we 

are finalizing our action as proposed. 

III. Final Action 

The EPA is approving and 

incorporating by reference in the 

Washington SIP the revisions 

Washington submitted on June 15, 2023, 

except for those withdrawn by 

Washington.3 This action includes 

removal of the adoption by reference of 

WAC 173–400–107—the provision 

identified as inconsistent with Clean Air 

Act (CAA) requirements in our 2015 

SSM SIP call—from the EFSEC air 

quality regulations contained in Chapter 

463–78 Washington Administrative 

Code (WAC) General and Operating 

Permit Regulations for Air Pollution 

Sources. 

Once this action becomes effective, 

the Washington SIP will no longer 

include the following regulations for 

EFSEC’s jurisdiction: 

• WAC 173–400–070, Emission 

Standards for Certain Source 

Categories—sets forth maximum 

allowable standards for emissions units 

within the categories listed; 

• WAC 173–400–107, Excess 

Emissions—established a pathway to 

determine excess emissions 

unavoidable, excuse them from penalty, 

and in certain instances precluded them 

from being considered violations. 

This action also approves and 

incorporates by reference at 40 CFR 

52.2470(c)—Table 3—Additional 

Regulations Approved for the Energy 

Facilities Site Evaluation Council 

(EFSEC) Jurisdiction, the following 

revised regulations: 

• WAC 463–78–005(2), Adoption by 

Reference (State effective August 28, 

2020)—which adopts certain regulations 

in Chapter 173–400 WAC by reference. 

The revised Chapter 173–400 WAC 

provisions approved for EFSEC’s 

jurisdiction are: 

• WAC 173–400–030, Definitions 

(State effective September 16, 2018)— 

which establishes definitions used 

throughout Chapter 173–400 WAC; 

• WAC 173–400–081, Emission 

Limits during Startup and Shutdown 

(State effective September 16, 2018)— 

which establishes pathway for 

developing emissions limits that apply 

during startup and shutdown; 

• WAC 173–400–082, Alternative 

Emission Limit That Exceeds an 

Emission Standard in the SIP (State 

effective September 16, 2018)—which 

establishes pathway for an owner or 

operator to request an alternative 

emissions limit; 

• WAC 173–400–136 Use of Emission 

Reduction Credits (ERC) (State effective 

December 29, 2012)—which identifies 

permissible use and sets certain 

conditions of use of ERCs; 

• WAC 173–400–171 Public 

Involvement (State effective September 

16, 2018)—which sets forth certain 

requirements for public involvement. 

These SIP revisions apply specifically 

to the jurisdiction of the Washington 

State Energy Facility Site Evaluation 

Council. 

IV. Incorporation by Reference 

In this document, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference as described 

in section III of this preamble. The EPA 

has made, and will continue to make, 

these materials generally available 

through https://www.regulations.gov 

and at the EPA Region 10 Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the SIP, have been incorporated by 

reference by the EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the Clean Air 

Act as of the effective date of the final 

rule of the EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.4

Also in this document, the EPA is 

removing regulatory text from 

incorporated by reference, as described 

in section III. of this preamble. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves State law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, this action: 


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105458 Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a State program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA. 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. The EPA defines EJ as 

‘‘the fair treatment and meaningful 

involvement of all people regardless of 

race, color, national origin, or income 

with respect to the development, 

implementation, and enforcement of 

environmental laws, regulations, and 

policies.’’ The EPA further defines the 

term fair treatment to mean that ‘‘no 

group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ The air agency did not 

evaluate environmental justice 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

The EPA did not perform an EJ analysis 

and did not consider EJ in this action. 

Due to the nature of the action being 

taken here, this action is expected to 

have a neutral to positive impact on the 

air quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of Executive Order 

12898 of achieving environmental 

justice for communities with EJ 

concerns. 

The SIP is not approved to apply on 

any Indian reservation land in 

Washington except as specifically noted 

below and is also not approved to apply 

in any other area where the EPA or an 

Indian Tribe has demonstrated that a 

Tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on Tribal 

governments or preempt Tribal law. 

Washington’s SIP is approved to apply 

on non-trust land within the exterior 

boundaries of the Puyallup Indian 

Reservation, also known as the 1873 

Survey Area. Under the Puyallup Tribe 

of Indians Settlement Act of 1989, 25 

U.S.C. 1773, Congress explicitly 

provided State and local agencies in 

Washington authority over activities on 

non-trust lands within the 1873 Survey 

Area. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: December 17, 2024. 

Daniel Opalski, 

Acting Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 40 CFR part 52 is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart WW—Washington 

■ 2. In § 52.2470, in paragraph (c), 

amend table 3 by: 

■ a. Revising entries ‘‘78–005’’ and 

‘‘173–400–030’’; 

■ b. Removing entries ‘‘173–400– 

030(30) & (36)’’ and ‘‘173–400–070’’; 

■ c. Revising entry ‘‘173–400–081’’; 

■ d. Adding entry ‘‘173–400–082’’ in 

numerical order; 

■ e. Removing entry ‘‘173–400–107’’; 

and 

■ f. Revising entries ‘‘173–400–136’’ and 

‘‘173–400–171’’. 

The revisions and additions read as 

follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 3—ADDITIONAL REGULATIONS APPROVED FOR THE ENERGY FACILITIES SITE EVALUATION COUNCIL (EFSEC) 

JURISDICTION

[See the SIP-approved provisions of WAC 463–78–020 for jurisdictional applicability] 

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanations 

Washington Administrative Code, Chapter 463–78—General and Operating Permit Regulations for Air Pollution Sources 

78–005 ............... Adoption by Reference ......... 8/28/20 12/27/24, [INSERT FIRST 

PAGE OF FEDERAL 

REGISTER CITATION].

Subsection (2) only. See below for the updated Chapter 173–400 WAC provisions 

adopted by reference and submitted to 

the EPA for approval. 


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Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 105459 

TABLE 3—ADDITIONAL REGULATIONS APPROVED FOR THE ENERGY FACILITIES SITE EVALUATION COUNCIL (EFSEC) 

JURISDICTION—Continued 

[See the SIP-approved provisions of WAC 463–78–020 for jurisdictional applicability] 

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanations 

* * * * * * * 

Washington Administrative Code, Chapter 173–400—Regulations Incorporated by Reference in WAC 463–78–005 

* * * * * * * 

173–400–030 ..... Definitions ............................. 9/16/18 12/27/24, [INSERT FIRST 

PAGE OF FEDERAL 

REGISTER CITATION].

Except: 173–400–030(96). 

* * * * * * * 

173–400–081 ..... General Standards for Maximum Emissions.9/16/18 12/27/24, [INSERT FIRST 

PAGE OF FEDERAL 

REGISTER CITATION].

173–400–082 ..... General Standards for Maximum Emissions.9/16/18 12/27/24, [INSERT FIRST 

PAGE OF FEDERAL 

REGISTER CITATION].

* * * * * * * 

173–400–136 ..... Use of Emission Reduction 

Credits (ERC).

12/29/12 12/27/24, [INSERT FIRST 

PAGE OF FEDERAL 

REGISTER CITATION].

* * * * * * * 

173–400–171 ..... Public Notice and Opportunity for Public Comment.9/16/18 12/27/24, [INSERT FIRST 

PAGE OF FEDERAL 

REGISTER CITATION].

Except: The part of 173–400–171(3)(b) that 

says, • ‘‘or any increase in emissions of 

a toxic air pollutant above the acceptable 

source impact level for that toxic air pollutant as regulated under chapter 173– 

460 WAC’’; 173–400–171(12). 

* * * * * * * 

* * * * * 

[FR Doc. 2024–30536 Filed 12–26–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2023–0633]; FRL–11928– 

02–R5] 

Air Plan Approval; Indiana; Update to 

CFR References 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a request 

submitted by the Indiana Department of 

Environmental Management (IDEM) on 

December 14, 2023, to revise the Indiana 

State Implementation Plan (SIP). The 

submission revises and updates the 

Indiana Administrative Code (IAC) 

definition of ‘‘References to the Code of 

Federal Regulations,’’ from the 2018 

edition to the 2022 edition. EPA 

proposed to approve this action on 

August 18, 2024, and received no 

adverse comments. 

DATES: This final rule is effective on 

January 27, 2025. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2023–0633. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information (CBI), Proprietary Business 

Information (PBI), or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either through https://

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Nicole 

Naber, at (312) 886–6609 before visiting 

the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Naber, Air and Radiation 

Division (AR18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6609, naber.nicole@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background Information. 

On August 16, 2024 (89 FR 66661), 

EPA proposed to approve revisions to 

326 IAC 1–1–3, definition of 

‘‘References to Code of Federal 

Regulations.’’ IDEM updated the 

reference to the CFR in 326 IAC 1–1–3 

from the 2018 edition to the 2022 

edition. This is an administrative 

change that allows Indiana to reference 

a more current version of the CFR. 

By incorporating by reference 326 IAC 

1–1–3 to reference the 2022 version of 

the CFR, the provisions in title 326 of 


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